The Complete Guide to Personal Injury Claims in NSW

Whether you have been injured at work, on the road, on someone else's property or under the care of a health professional, you may be entitled to significant compensation. This personal injury payout guide explains everything NSW residents need to know about personal injury claims — from eligibility and what damages you can recover, to how the process works, how long it takes and how to find the right personal injury lawyer for your situation.

Many people risk missing out on the full compensation they are entitled to by not seeking expert legal advice. Many hope everything will be OK; however, they do not understand the full extent of their legal and moral rights, or are intimidated by navigating the legal process.

What is a personal injury claim?

In plain terms, a personal injury claim is a formal request for compensation from a party whose negligence caused you harm. That harm can be physical, psychological, or both.

A personal injury compensation claim involves the prosecution of a party — an individual, business or other organisation — by a claimant who has been physically, psychologically or financially injured in circumstances through no fault of their own where they are entitled to recover damages or compensation.

To be successful in the injury compensation process — whether your matter is a motor accident, public liability, workers' compensation, or medical negligence claim — it is necessary to establish that the injury was wholly caused or materially contributed to by another person's negligence which resulted from their breach of duty of care. Negligence can take many forms. It involves an act or omission on the part of someone which constitutes a breach of their duty of care to you.

Who can make a personal injury claim?

Compensation may be available for anyone who has suffered an injury due to another party's negligence. You can lodge claims for personal injury for yourself or on behalf of someone you are responsible for who cannot defend their own rights — such as children, elderly parents or people with a disability. Claimants can also be family members of a person who has died or been incapacitated as a direct result of a personal injury event.

Types of personal injury claims in NSW

There are several types of claims for personal injury in NSW, each governed by its own legislation and compensation scheme. Seeking legal advice early is essential — a specialist personal injury lawyer can identify which scheme applies to your situation and ensure your claim is made correctly.

Workers' compensation

Workers' compensation is available to employees, subcontractors and anyone employed in a professional capacity — on-site or off-site. It applies whenever you have sustained an injury in an accident or due to workplace health and safety risks, whether or not the accident was your fault. This coverage extends to work-related travel and commuting.

Motor vehicle accidents (CTP claims)

The injury compensation process for motor vehicle accidents offers broad protection for injuries and damage to yourself, your property and anyone on the road — including drivers, cyclists, pedestrians and passengers in cars, public transport and other hire vehicles. The law also has additional provisions for events involving children and 'blameless accidents'.

Medical negligence

Medical negligence by a health professional — such as a doctor, nurse or specialist — can result in traumatising outcomes for the affected party and their family. Compensation claims can include surgical mistakes, doctor and hospital negligence, defective implants, and delayed or missed diagnoses. In extreme circumstances, a family member or guardian can submit a claim on behalf of an affected party who is unable to do so.

Public liability

Public liability covers injuries sustained on either public or private property, and also extends to injuries caused by pets and animals the alleged party is responsible for. Compensation is most commonly sought after a fall or trip, injury from falling objects, assault or affray, or other unsafe environmental conditions.

TPD and superannuation claims

If you have suffered a serious injury or illness that leaves you unable to return to work, you may be entitled to make a Total and Permanent Disability (TPD) claim through your superannuation fund. Many Australians are unaware they hold this type of insurance within their super. A personal injury lawyer can review your policy and, if you are eligible, pursue a claim that may result in a significant lump sum payout.

Professional negligence

Professional negligence occurs when a person in a professional role — such as an accountant, financial adviser, architect or engineer — fails to meet the expected standard of care, causing you financial or other loss. If you have suffered as a result of substandard professional advice or service, you may be entitled to seek compensation.

Brydens Lawyers handles all of the above claim types. Each type is governed by specific laws — including the Workers Compensation Act 1987, the Motor Accident Injuries Act 2017 and the Civil Liability Act 2002 — which determine how remediation is awarded.

What compensation can you claim?

The personal injury damages you may be entitled to will depend on the type and severity of your injury, as well as the regime under which your claim is made. In general, the following heads of damage may be available:

• Non-economic loss — compensation for pain and suffering, loss of enjoyment of life and loss of amenities.

• Past and future economic loss — including lost wages and impaired earning capacity.

• Past and future medical and rehabilitation expenses, including treatment, surgery, therapies and out-of-pocket costs.

• Past and future loss of superannuation benefits.

• Care and domestic assistance — including home cleaning, nursing, medical aids and equipment such as wheelchairs, and modifications to your home or vehicle.

• Costs incurred from continued disabilities.

• A contribution towards your legal costs and disbursements.

• The cost of gratuitous care provided for at least six months at six hours per week.

The level of personal injury damages to which you are entitled is typically proportional to the severity and extent of the injuries sustained. Importantly, payouts vary significantly by claim type.

Non-economic loss (pain and suffering)

Additional compensation is available under the Civil Liability Act 2002 for pain and suffering, also known as non-economic loss. The amount awarded is calculated as a percentage based on how your injury compares against a 'most extreme case' — currently set at $761,500 (as of 1 October 2023). To recover these damages, the injured person must establish that their injury equates to at least 15% of a most extreme case.

Motor vehicle accident claims

Under the Motor Accident Injuries Act 2017, claimants for pain and suffering must demonstrate impairment of at least 10% of a most extreme case. This threshold is exceptionally high and will not be met in the majority of claims — it is typically reserved for serious events. Motor accident claimants also cannot claim gratuitous care from family or friends under the statutory scheme, as ongoing benefits for treatment, domestic assistance and wage loss are already provided separately.

Workers' compensation claims

An injured worker is entitled to weekly benefits replacing lost wages while absent from work. A lump sum is also available for whole-person impairment of at least 10% (physical injury) or 15% (psychological injury). For economic loss, documents such as tax returns and business records are used to determine the extent of losses and assign appropriate damages.

Workers who suffer injury due to their employer's negligence may also be able to pursue a work injury damages claim — a separate action that typically results in far greater compensation than the standard workers' compensation scheme.

Is personal injury compensation taxable? Personal Injury compensation is generally not taxable as damages awarded are invariably calculated on a net of tax basis. Where compensation is calculated on a gross basis, as with workers compensation benefits for weekly payments, the tax will be automatically deducted from same by the employer or the workers compensation insurer.

If it derives from a structured settlement and the annuity is purchased from an Australian life insurance company or a state insurer. Your compensation may affect Centrelink benefits during the preclusion period. Speak with your lawyer for advice specific to your situation.

How do personal injury claims work in NSW?

Before a personal injury claim can be brought before a court or commission, the circumstances of the accident need to be thoroughly investigated. Here is how the process works, step by step.

Step 1: Seek medical attention and document your injuries

Your health comes first. Seek medical treatment immediately after the incident and ensure your injuries are formally documented by a medical professional. These records are foundational evidence for your claim.

Step 2: Report the incident

Depending on the nature of the incident, you should report it to your employer (workplace injury), the police (motor vehicle accident or assault) or the venue or property owner (public liability). Failure to report early is one of the most common reasons claims are weakened or rejected.

Step 3: Contact a personal injury lawyer

Contact a personal injury lawyer as early as possible. A specialist lawyer will review your eligibility, advise on the applicable compensation scheme, and outline your options — at no cost under a free initial consultation. Brydens Lawyers offers free legal advice and operates on a No-Win, No-Fee personal injury basis, meaning you face no financial risk in pursuing your rights.

Step 4: Investigation and gathering evidence

Your legal team will conduct thorough investigations — interviewing witnesses, recovering police reports and workplace injury records, reviewing photographic and video evidence, and engaging expert witnesses to prepare liability reports. Medical records prepared by treating doctors, nurses, and other health professionals will also be obtained.

Step 5: Medico-legal assessment and filing the claim

The injured person will undergo assessment by medico-legal specialists who prepare reports for use in court or commission proceedings. Once sufficient evidence is assembled, your lawyer will formally file the claim. Public liability and medical negligence claims are pursued in the District Court or Supreme Court of NSW. Motor vehicle and workers' compensation claims are heard by the Personal Injury Commission.

Step 6: Negotiation or court proceedings

The majority of personal injury matters are resolved through negotiation and settlement before they reach a formal hearing. If an acceptable agreement cannot be reached, the matter proceeds to be heard and determined by a judge or commission member, who will rule on both liability and the amount of compensation payable.

Step 7: Settlement or judgment

Once a settlement is agreed or a judgment delivered, you will receive your compensation. Your lawyer will ensure all legal costs and disbursements are handled correctly before the balance is paid to you.

How long does a personal injury claim take in NSW?

The time it takes to resolve a personal injury claim varies depending on its complexity, the type of claim and whether the matter is disputed. As a general guide:

• Straightforward claims, particularly those resolved through early negotiation, may settle within a few months.

• Moderate claims involving disputes over liability or injury severity typically take 12 to 18 months.

• Complex or heavily contested matters — including serious injury cases and medical negligence claims — can take two years or more to resolve.

Factors that can affect the timeframe include:

• The severity and complexity of your injuries.

• Whether liability is admitted or disputed by the other party.

• The volume and complexity of evidence required, including medico-legal reports.

• Whether the matter proceeds to a formal hearing or is resolved by agreement.

• The backlog of the relevant court or commission.

Your Brydens Lawyers solicitor will keep you informed throughout the process and work to achieve the best possible outcome in the shortest reasonable timeframe.

Time limits for personal injury claims in NSW

All personal injury claims are subject to strict time limits. It is essential to act on your claim as soon as possible. Failure to comply with the applicable limitation period may mean your claim is statute-barred and you lose the right to seek compensation entirely.

General three-year limitation period

Under the Limitation Act 1969 (NSW), most personal injury claims must be commenced within three years of the date the cause of action arose — generally the date of your injury or accident. This three-year window applies to public liability and medical negligence claims pursued under the Civil Liability Act 2002.

Exceptions to the general time limit

There are important exceptions to the standard three-year rule:

• Minors: the three-year limitation period does not begin until the injured person turns 18.

• Dust disease claims: different time limits apply under the Dust Diseases Tribunal Act 1989.

• Latent injuries: where the injury or illness was not immediately discoverable, the limitation period may run from the date of discovery rather than the date of the incident.

• Workers' compensation: strict reporting requirements and separate time limits apply; your insurer should be notified as soon as possible after an injury.

• Motor vehicle accidents: statutory benefit claims must be filed within 28 days of the accident; personal injury proceedings are subject to separate time limits.

Do not wait. Even if you are unsure whether your claim is within time, contact a personal injury lawyer in Sydney or regional NSW immediately. Brydens Lawyers has offices and legal centres across NSW, including a team of personal injury lawyers in Parramatta that can assess your situation quickly and at no cost to you.

What is No Win, No Fee?

Brydens Lawyers operates on a No Win, No Fee basis for personal injury matters. In plain terms, this means you do not pay legal fees if your claim is unsuccessful. It is a funding arrangement designed to ensure that everyone — regardless of their financial situation — can access expert legal representation and pursue the compensation they deserve.

How does it work?

Under a No Win, No Fee agreement, your legal fees are contingent on a successful outcome. If your claim succeeds, your lawyer's fees are typically recovered as part of the settlement or paid separately by the insurer. Your lawyer will explain this clearly before your matter proceeds.

What conditions apply?

While Brydens Lawyers offers personal injury lawyers no win no fee arrangements, conditions do apply. Not every claim will be accepted on this basis — your lawyer will assess the merits of your case and discuss the terms of any agreement with you transparently before proceeding. Conditions apply*.

Why choose No Win, No Fee?

Cost should never be a barrier to justice. The No-Win, No-Fee model means you can engage experienced legal representation, pursue your full entitlement to compensation and protect your rights and interests — without any upfront financial risk.

Find peace of mind with Brydens Lawyers

Any time you are looking into a personal injury claim — whether you are considering filing, collecting evidence, or having your case heard by a judge or commission — it can be a trying time for yourself, your family and your friends.

At Brydens Lawyers, we have assembled an expert team with the experience and expertise necessary not only to win your case with maximum compensation awarded, but also to take the time to understand every detail and ensure that you are always supported.

For 50 years, we have worked hard to make sure everyone, no matter their situation, can access affordable legal counsel from a firm with an established history of winning claims. That is why we offer free legal advice* and work on a No Win, No Fee* contingency to ensure everyone can defend their rights and interests. (*Conditions apply).

If you are ready to make a claim, contact our personal injury lawyer in Sydney and NSW today. We offer obligation-free consultations in person or virtually at our offices and legal centres throughout Sydney.

REVIEWED BY

Bandeli (Lee) Hagipantelis

Bandeli (Lee) Hagipantelis

Principal of Brydens Lawyers